Subpoenas when books, papers or documents are required
Source:
Section 136.580 — Subpoenas when books, papers or documents are required, https://www.oregonlegislature.gov/bills_laws/ors/ors136.html.
Notes of Decisions
Audiotapes are functional equivalent of “books, papers or documents” for purposes of being subject to subpoena duces tecum. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)
Discretionary procedure for court to order early production of documentary materials presupposes issuance of proper subpoena duces tecum summoning materials to court proceeding where materials will or may be called into evidence. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)
Where witness testified at proceeding, defendant had right to compel third-party production of documentary materials having potential usefulness for cross-examination of witness. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)
When party subpoenas production of material for cross-examination at trial, court must order production unless it is clear that documents have no potential use for that purpose. State v. Bray, 363 Or 226, 422 P3d 250 (2018)
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